REQUEST FOR PROPOSAL - santafecountynm.gov · By submitting a proposal for the requested services...
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1 SANTA FE COUNTY PUBLIC WORKS DEPARTMENT REQUEST FOR PROPOSAL Historic Village of Agua Fria Engineering Design Services for Wastewater Improvements RFP NO. 2019-0086-PW/CW Commodity Codes: 92596 and 92597 October 2018
Transcript of REQUEST FOR PROPOSAL - santafecountynm.gov · By submitting a proposal for the requested services...
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SANTA FE COUNTY
PUBLIC WORKS DEPARTMENT
REQUEST FOR PROPOSAL
Historic Village of Agua Fria Engineering Design
Services for Wastewater Improvements
RFP NO. 2019-0086-PW/CW
Commodity Codes: 92596 and 92597
October 2018
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TABLE OF CONTENTS
PAGE NO.
I. ADVERTISEMENT .......................................................................................................4
II. CONTRACT OBJECTIVES ...........................................................................................5
A. PURPOSE OF THIS REQUEST FOR PROPOSAL ............................................5
B. SCOPE OF WORK ................................................................................................5
C. QUALIFICATIONS .........................................................................................6
D. INSURANCE REQUIREMENTS ........................................................................7
E. PROCUREMENT MANAGER ........................................................................7
F. DEFINITION OF TERMINOLOGY .....................................................................8
III. CONDITIONS GOVERNING THE PROCUREMENT...............................................10
A. SEQUENCE OF EVENTS ..................................................................................10
B. EXPLANATION OF EVENTS ...........................................................................11
1. Issuance of RFP ..............................................................................................11
2. Pre-Proposal Conference ................................................................................11
3. Acknowledgement of Receipt Form Due ..................................................11
4. Deadline to Submit Additional Written Questions ...................................11
5. Response to Written Questions .................................................................11
6. Submission of Proposals ...........................................................................12
7. Proposal Evaluation ...................................................................................12
8. Selection of Finalists .................................................................................12
9. Oral Presentations by Finalists (If applicable) ..........................................13
10. Contract Negotiations ....................................................................................13
11. Contract Award .........................................................................................13
12. Right to Protest .........................................................................................13
C. GENERAL REQUIREMENTS ...........................................................................14
1. Acceptance of Conditions Governing the Procurement .................................14
2. Incurring Cost ................................................................................................14
3. Prime Contractor Responsibility ...............................................................14
4. Subcontractors ...........................................................................................14
5. Amended Proposals ...................................................................................14
6. Offerors’ Rights to Withdraw Proposal ....................................................14
7. Proposal Offer Firm ..................................................................................15
8. Disclosure of Proposed Contents ..............................................................15
9. No Obligation ............................................................................................15
10. Termination ...............................................................................................15
11. Sufficient Appropriation ................................................................................15
12. Legal Review ............................................................................................16
13. Governing Law .........................................................................................16
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14. Basis for Proposal ..........................................................................................16
15. Contract Terms and Conditions ....................................................................16
16. Contract Deviations .................................................................................16
17. Offeror Qualifications ..............................................................................16
18. Right to Waive Minor Irregularities ........................................................16
19. Change in Contractor Representatives .....................................................16
20. Notice .......................................................................................................17
21. County Rights ..........................................................................................17
22. Right to Publish .......................................................................................17
23. Ownership of Proposals ............................................................................17
24. Electronic Mail Address Recommended .................................................17
25. Preference in Procurement by Santa Fe County ......................................17
26. Double-Sided Documents ........................................................................19
27. Living Wage ............................................................................................19
IV. RESPONSE FORMAT AND ORGANIZATION ........................................................20
A. NUMBER OF RESPONSES ...............................................................................20
B. NUMBER OF COPIES .......................................................................................20
C. PROPOSAL FORMAT .......................................................................................20
1. Proposal Organization ..................................................................................20
2. Letter of Transmittal .....................................................................................21
V. SPECIFICATIONS .......................................................................................................22
A. INFORMATION .................................................................................................22
Time Frame .....................................................................................................22
B. EVALUATION CRITERIA ................................................................................22
1. Evidence of Understanding of the Scope of Work .......................................22
2. Capacity and Capabilities ............................................................................22
3. Specialized Design and Technical Competence ...........................................23
4. Past Performance on Contracts ..................................................................23
5. Proximity and Familiarity with Project Location ........................................23
6. Amount of Design Work within New Mexico ............................................23
7. Volume of Work for Santa Fe County ........................................................23
VI. EVALUATION .............................................................................................................24
A. EVALUATION SCORING .................................................................................24
B. EVALUATION PROCESS .................................................................................25
APPENDICES
A. Acknowledgement of Receipt Form ....................................................................26
B. Campaign Contribution Disclosure Form ............................................................27
C. Resident Veterans Preference Certification ....................................................30
D. Sample Agreement and Attachments I and III ....................................................31
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I. ADVERTISEMENT
SANTA FE COUNTY
REQUEST FOR PROPOSAL
Historic Village of Agua Fria Engineering Design Services for Wastewater
Infrastructure Improvements RFP NO. 2019-0086-PW/CW
Santa Fe County requests proposals from qualified firms to provide an engineering design services for
wastewater infrastructure improvements on seven identified streets located within the Historic Village of
Agua Fria.
All proposals submitted shall be valid for ninety (90) days subject to action by the County. Santa Fe
County reserves the right to reject any and all proposals in part or in whole. A completed proposal shall
be submitted in a sealed container indicating the proposal title and number along with the Offeror's name
and address clearly marked on the outside of the container. All proposals must be received by 2:00PM
(MST) on Friday, November 16, 2018, at the Santa Fe County Purchasing Division (Second Floor), 142
W. Palace, Santa Fe, New Mexico 87501. By submitting a proposal for the requested services each Offeror
is certifying that it is a qualified firm and its proposal complies with the requirements stated within the
Request for Proposals.
A Pre-Proposal Conference will be held on Wednesday, October 17, 2018 at 2:00 PM (MDT) at the
Santa Fe County Project Division Conference Room located at 901 W. Alameda, Suite 20 C,
Santa Fe, New Mexico 87501. The Pre-Proposal Conference is not mandatory but is strongly encouraged.
EQUAL EMPLOYMENT OPPORTUNITY: All qualified Offerors will receive consideration of contract(s)
without regard to race, color, religion, sex or national origin, ancestry, age, physical and mental handicap,
serious medical condition, disability, spousal affiliation, sexual orientation or gender identity.
Request for Proposals will be available by contacting Coralie Whitmore, Procurement Specialist,
Senior, 142 W. Palace Avenue, Santa Fe, New Mexico 87501, or by telephone at (505) 986-6337,
or by email at [email protected] or on our website:
http://www.santafecountynm.gov/asd/current_bid_solicitations.
PROPOSALS RECEIVED AFTER THE DATE AND TIME SPECIFIED ABOVE WILL NOT
BE CONSIDERED AND WILL BE REJECTED BY SANTA FE COUNTY.
Santa Fe County
Purchasing Division
Published October 7th and 8th, 2018
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II. INTRODUCTION
A. PURPOSE OF THIS REQUEST FOR PROPOSAL
The Public Works Department (PWD) of Santa Fe County has identified the need for additional
wastewater infrastructure within the Historic Village of Agua Fria. The following streets have been
identified as priorities by the Public Works Department:
Del Ross Lane (including A and B Lane)
Rudolfo Road (between Agua Fria Street and Rufina Street)
Terrazas Lane
Calle Hernandez
Ramon Lane (on the north side of the Santa Fe River)
Camino Maria Feliz
Pam y Eutilia Lane/Paseo Mel Senaida
Santa Fe County is seeking competitive proposals from qualified licensed Offerors who are well versed
and experienced in providing engineering design services for wastewater infrastructure improvements.
The County requires the engineering firm to investigate conditions, develop potential solutions, and
provide a phasing plan for design and construction.
The wastewater infrastructure will be designed and constructed by Santa Fe County; operation of the new
wastewater infrastructure will be by the City of Santa Fe Wastewater Management Division.
B. SCOPE OF WORK
Contractor shall provide the following basic engineering design services for wastewater infrastructure
improvements located within the Historic Village of Agua Fria:
1. Engineering design services for the following items (bid as a single contract for installation):
a. Evaluate the existing subsurface infrastructure at each specified location and obtain invert
elevations of the existing sewer line in that vicinity.
b. Determine what sewer line system (i.e. gravity, low pressure, or combination) is feasible based
on the existing invert elevations and site limitations (e.g. location of storm drains, easement
issues, etc.) for each location.
c. Provide engineering design services for the more viable sewer line system at each specific
location.
d. Develop the design requirements to indicate existing utilities that must be relocated, in order to
install a new sewer line, and perform physical verification at each location (including potholing
or vacuum excavation) of existing subsurface utilities prior to 100% Design Submittal to Santa
Fe County.
e. Identify all properties that require utility easements based on proposed sewer alignment as part of
the 30% Design Submittal Package.
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2. Submit a Project Development Schedule (Design and Construction) in MS Project (2010 Version)
format.
a. Furnish Design Submittals at 30%, 60%, 90% and 100% Engineer Stamped to representative of
Santa Fe County.
b. Provide Design Specifications at 60%, 90% and 100% Engineer Stamped in a format employing
major design elements in Divisions, with more detailed elements of each Division identified as
Sections.
c. Include Engineers Opinion of Probable Cost as part of the 60%, 90% and 100% Design
Submittal packages.
d. Supply Engineer Stamped Design Submittal in three (3) sets of full-sized construction grade
Engineering Design Drawing sets and three (3) sets of Engineering Design Specifications.
3. Identify and complete any and all local, state or federal permitting requirements.
4. Provide construction documents for bidding/constructing improvements to system.
5. Deliver record drawings certified by the design engineer (two hard copies and two electronic
copies).
Contractor shall provide at minimum the following additional engineering services for wastewater
infrastructure improvements located within the Historic Village of Agua Fria:
1) Utility Potholing
2) Utility Relocation and Design
3) Geo-Technical Report
4) Utility Easement Exhibits
5) Cultural Resource Monitoring Plan (as required)
6) Material Testing and Construction Observation
7) Conduct two public meetings at 60% and 90% Design Submittal points including PowerPoint
Presentation and one set of full-sized design drawings for public viewing.
Design/Procurement services are to be delivered in accordance with New Mexico Environment
Department (NMED) Requirements.
C. QUALIFICATIONS
The Engineer must be a New Mexico licensed professional engineer and must maintain such licensure
throughout the duration of the project.
Offerors must clearly demonstrate that its staff and consultants have all the necessary engineering design
expertise for Project Delivery. All work must be done by or under the direct supervision of engineers
licensed to practice in New Mexico. Engineers must demonstrate environmental sensitivity in design,
knowledge of the County and State requirements, and the ability to work with the public throughout
project development and completion.
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Engineers shall complete design requirements in accordance with all applicable municipal, state and
federal codes, laws and standards.
D. INSURANCE REQUIREMENTS
The insurance required by Offeror are listed below.
1. General Conditions. Contractor shall submit evidence of insurance as is required herein. Policies
of insurance shall be written by companies authorized to write such insurance in New Mexico.
2. General Liability Insurance, Including Automobile. Contractor shall procure and maintain during
the life of this Agreement a comprehensive general liability and automobile insurance policy with
liability limits in amounts not less than $1,000,000 combined single limits of liability for bodily
injury, including death, and property damage for any one occurrence. Said policies of insurance
shall include coverage for all operations performed for County by Contractor; coverage for the use
of all owned, non-owned, hired automobiles, vehicles and other equipment, both on and off work;
and contractual liability coverage under which this Agreement is an insured contract. County of
Santa Fe shall be a named additional insured on the policy.
3. Workers’ Compensation Insurance. Contractor shall comply with the provisions of the Workers’
Compensation Act.
4. Professional Liability Insurance. The Contractor shall procure and maintain during the life of this
Agreement a Professional Liability Insurance.
5. Increased Limits. If, during the life of this Agreement, the Legislature of the State of New Mexico
increases the maximum limits of liability under the Tort Claims Act (NMSA 1978, Sections 41-4-
1 through 41-4-29, as amended), Contractor shall increase the maximum limits of any insurance
required herein.
6. Malpractice/Errors and Omissions Insurance. Engineer shall procure and maintain during the life
of this Agreement professional liability (errors and omissions) insurance with policy limits of not
less than $1,500,000.00 per occurrence, $2,500,000.00 per aggregate.
E. PROCUREMENT MANAGER
The County has designated a Procurement Manager who is responsible for the conduct of this
procurement whose name, address and telephone number is listed below. All deliveries via express
carrier should be addressed as follows:
Coralie G. Whitmore
Santa Fe County Purchasing Division
8
142 W. Palace Avenue, Second Floor
Santa Fe, NM 87501
(505) 986-6337
Email: [email protected]
Any inquiries or requests regarding this procurement should be submitted to the Procurement
Manager in writing. Offerors may contact ONLY the Procurement Manager regarding the
procurement. Other County employees do not have the authority to respond on behalf of the
County.
E. DEFINITION OF TERMINOLOGY
This section contains definitions and abbreviations that are used throughout this procurement
document.
This section contains definitions and abbreviations that are used throughout this procurement
document.
“BCC” means the Santa Fe County Board of County Commissioners
“Close of Business” means 5:00 PM Mountain Standard Time or Mountain Daylight Time,
whichever is in effect on the given date.
“Contract” or “Agreement” means a written agreement for the procurement of items of tangible
personal property or services.
“Contractor” means a successful offeror who enters into a binding contract.
“County” means Santa Fe County.
“Determination” means the written documentation of a decision by the Procurement Manager
including findings of fact supporting a decision. A determination becomes part of the procurement
file.
“Desirable” The terms “may”, “can”, “should”, “preferably”, or “prefers” identify a desirable or
discretionary item or factor (as opposed to “mandatory”).
“Evaluation Committee” means a body appointed by the County management to perform the
evaluation of offeror proposals.
“Finalist” is defined as an offeror who meets all the mandatory specifications of this Request for
Proposals and whose score on evaluation factors is sufficiently high to merit further consideration
by the Evaluation Committee.
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“Mandatory” The terms “must”, “shall”, “will”, “is required”, or “are required”, identify a
mandatory item or factor (as opposed to “desirable”). Failure to meet a mandatory item or factor
will result in the rejection of the offeror’s proposal.
“Offeror” is any person, corporation, or partnership who chooses to submit a proposal.
“Procurement Manager” means the person or designee authorized by the County to manage or
administer a procurement requiring the evaluation of competitive sealed proposals.
“Purchasing Division” means the Santa Fe County Purchasing Division, Administrative Services
Department.
“Request for Proposals” or “RFP” means all documents, including those attached or incorporated
by reference, used for soliciting proposals.
“Responsible Offeror” means an offeror who submits a responsive proposal and who has furnished,
when required, information and data to prove that its financial resources, production or service
facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of
the services or items of tangible personal property described in the RFP.
“Responsive Offer” or “Responsive Proposal” means an offer or proposal which conforms in all
material respects to the requirements set forth in the request for proposals. Material respects of a
request for proposals include, but are not limited to, price, quality, quantity or delivery requirements.
THIS SPACE INTENTIONALLY LEFT BLANK.
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III. CONDITIONS GOVERNING THE PROCUREMENT
This section of the RFP contains the schedule for the procurement, describes the major
procurement events, and indicates the conditions governing the procurement.
A. SEQUENCE OF EVENTS
The Procurement Manager will make every effort to adhere to the following schedule:
Action Responsibility Date
1. Issuance of RFP Purchasing Division October 7 & 8, 2018
2. Pre-Proposal Conference
Owner/Offerors/
Purchasing
October 17, 2018
2:00 p.m. (MDT);
Projects Conference
Room
3. Acknowledgement of Receipt Form Offerors October 18, 2018
4. Deadline to Submit Additional Questions Offerors October 23, 2018
5. Response to Written Questions Purchasing Division October 25, 2018
6. Submission of Proposal
Offerors November 16, 2018
2:00 p.m. (MST);
Purchasing Division
7. Proposal Evaluation Review Evaluation Committee November 26-30, 2018
8. Selection of Finalist Evaluation Committee December 3, 2018
9. Oral Presentation by Finalists
(if applicable)
Offeror December 13, 2018
10. Contract Negotiations County, Offeror December, 2018
11. Contract Award Purchasing Division January-February, 2019
Note: If the Evaluation Committee makes a selection at the Selection of Finalists, event 9 will not occur.
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B. EXPLANATION OF EVENTS
The following paragraphs describe the activities listed in the sequence of events shown in Section
III, Paragraph A.
1. Issuance of RFP
This RFP is being issued by the Santa Fe County Public Works Department and the
Purchasing Division.
2. Pre-Proposal Conference
A Pre-Proposal Conference is scheduled to occur on the date indicated in the Sequence of
Events at Section III.A. Questions may be submitted at the Pre-Proposal Conference and
until the date indicated in the Sequence of Events at Section III.A. All questions must be
in writing and e-mailed to [email protected]. A public log will be
kept of the names of potential offerors who attended the Pre-Proposal Conference.
Attendance at the Pre-Proposal Conference is not mandatory, however attendance is
strongly advised.
3. Acknowledgement of Receipt Form
Potential offerors should hand-deliver, return by facsimile or e-mail the Acknowledgement
of Receipt Form provided as Appendix A to have its name and firm placed on the
procurement distribution list. The form should be signed by an authorized representative
of the organization, dated and returned by close of business on October 18, 2018.
The procurement distribution list will be used for the distribution of written responses to
questions and any RFP addenda.
4. Deadline to Submit Additional Written Questions
Potential offerors may submit written questions regarding this RFP until the close of
business on the date indicated in the Sequence of Events at Section III.A. All written
questions must be addressed to the Procurement Manager, listed in Section II.E and sent
via facsimile or e-mail. Any contact with any other County staff member other than the
Procurement Manager named in this solicitation will be grounds for rejection of a
proposal.
5. Response to Written Questions
Written responses to written questions and any RFP addenda will be distributed on the date
indicated in the Sequence of Events at Section III.A, to all potential offerors whose names
appear on the procurement distribution list.
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Additional written requests for clarification of distributed answers or addenda must be
received by the Procurement Manager no later than one (1) day after the answers or
addenda were issued.
6. Submission of Proposal
ALL OFFEROR PROPOSALS MUST BE RECEIVED FOR REVIEW AND
EVALUATION BY THE PROCUREMENT MANAGER OR DESIGNEE NO
LATER THAN 2:00 PM (MOUNTAIN STANDARD TIME) ON FRIDAY,
NOVEMBER 16, 2018. Proposals received after this deadline will not be accepted. The
date and time of receipt will be recorded on each proposal. Proposals must be addressed
and delivered to the Procurement Manager at the address listed in Section II.E. Proposals
must be sealed and labeled on the outside of the package to clearly indicate that they are in
response to the County's Request for Proposals No. 2019-0086-PW/CW. Proposals
submitted by facsimile or other electronic means will not be accepted.
Proposals must be delivered to:
Coralie G. Whitmore, Procurement Specialist Senior
Santa Fe County Purchasing Division
142 W. Palace Avenue (Second Floor)
Santa Fe, New Mexico 87501
A public log will be kept of the names of all offeror’s who submitted proposals. Pursuant
to NMSA 1978, Section 13-1-116, the contents of any proposal shall not be disclosed so
as to be available to competing offerors during the negotiation process.
7. Proposal Evaluation
The evaluation of proposals will be performed by an Evaluation Committee appointed by
the Procurement Manager. This process will take place during the timeframe indicated in
the Sequence of Events at III.A. During this time, the Procurement Manager may initiate
discussions with offerors who submit responsive or potentially responsive proposals for
the purpose of clarifying aspects of the proposals, but proposals may be accepted and
evaluated without such discussion. Discussions SHALL NOT be initiated by the offerors.
8. Selection of Finalist(s)
The Evaluation Committee may select and the Procurement Manager may notify the
finalist offerors on the date indicated in the Sequence of Events at Section III.A. Only
finalists will be invited to participate in the subsequent steps of the procurement if the
finalist process is used.
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9. Oral Presentation by Finalists (If Applicable)
Finalist offerors may be required to present their proposals to the Evaluation Committee.
The Procurement Manager will schedule the time for each offeror presentation. All offeror
presentations will be held at the Santa Fe County Purchasing Division, 142 W. Palace
Avenue (Second Floor), Santa Fe, New Mexico or a location decided by the Procurement
Manager. Each presentation will be limited to one (1) hour in duration.
11. Contract Negotiations
The contract will be finalized with the most advantageous offeror during the timeframe
indicated in the Sequence of Events at Section III.A. In the event that mutually agreeable
terms cannot be reached within the time specified, the County reserves the right to finalize
a contract with the next most advantageous offeror without undertaking a new procurement
process.
12. Contract Award
The County anticipates awarding the contract on the date in the Sequence of Events at
Section III.A. These dates are subject to change at the discretion of the Santa Fe County
Purchasing Manager.
The contract shall be awarded to the offeror or offerors whose proposal is most
advantageous to the County, taking into consideration the evaluation criteria set forth in
the RFP. The most advantageous proposal may or may not have received the most points.
13. Right to Protest
Any protest by an offeror must be timely and in conformance with NMSA 1978, Section
13-1-172 and applicable procurement regulations. Protests must be written and must
include the name and address of the protestor and the request for proposals number. It must
also contain a statement of grounds for protest including appropriate supporting exhibits.
The protests must be delivered to the Santa Fe County Purchasing Division:
Santa Fe County
Attn: Procurement Office
P.O. Box 276
Santa Fe, New Mexico 87504
Protests will not be accepted by facsimile or other electronic means.
Protests received after the deadline will not be accepted.
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C. GENERAL REQUIREMENTS
This procurement will be conducted in accordance with Chapter 13, NMSA 1978, NMAC 1.4.1 and
the Santa Fe County Procurement Regulations.
1. Acceptance of Conditions Governing the Procurement
Offerors must indicate their acceptance of the Conditions Governing the Procurement section
in the letter of transmittal. Submission of a proposal constitutes acceptance of the terms and
conditions of the contract template attached hereto as Appendix E.
2. Incurring Cost
Any cost incurred by the offeror in preparation, transmittal, presentation of any proposal or
material submitted in response to this RFP shall be borne solely by the offeror.
3. Prime Contractor Responsibility
Any contract that may result from this RFP shall specify that the prime contractor is solely
responsible for fulfillment of the contract with the County. The County will make contract
payments to only the prime contractor.
4. Subcontractors
Use of subcontractors must be clearly explained in the proposal, and major subcontractors
must be identified by name. The prime contractor shall be wholly responsible for the
performance of the contract with the County whether or not subcontractors are used.
5. Amended Proposals
An offeror may submit an amended proposal before the deadline for receipt of proposals.
Such amended proposal must be a complete replacement of the previously submitted
proposal and must be clearly identified as such in the transmittal letter. County personnel
will not merge, collate, or assemble proposal materials.
6. Offerors' Rights to Withdraw Proposal
Offerors will be allowed to withdraw their proposals at any time prior to the deadline for
receipt of proposals. The offeror must submit a written withdrawal request signed by the
offeror's duly authorized representative addressed to the Procurement Manager. The
approval or denial of withdrawal requests received after the deadline for receipt of the
proposals is governed by the applicable procurement regulations.
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7. Proposal Offer Firm
Responses to this RFP, including proposal prices, will be considered firm for 90 days after
the due date for receipt of proposals or 90 days after receipt of a best and final offer if one is
submitted.
8. Disclosure of Proposal Contents
Proposals shall not be opened publicly and shall not be open to public inspection until after
an offeror has been selected for award of a contract.
An offeror may request in writing non-disclosure of confidential data. Proprietary or
confidential data shall be readily separable from the proposal in order to facilitate eventual
public inspection of the non-confidential portion of the proposal. Confidential data is
normally restricted to confidential financial information concerning the offeror's
organization and data that qualifies as a trade secret in accordance with the Uniform Trade
Secrets Act, 57-3A-1 to 57-3A-7, NMSA 1978. The price of products offered or the cost of
services proposed shall not be designated as proprietary or confidential information.
If a request is received for disclosure of data for which an offeror has made a written request
for confidentiality, the Santa Fe County Procurement Manger shall examine the offeror's
request and make a written determination that specifies which portions of the proposal should
be disclosed. Unless the offeror takes legal action to prevent the disclosure, the proposal
will be so disclosed. The proposal shall be open to public inspection subject to any
continuing prohibition on the disclosure of confidential data.
9. No Obligation
This procurement in no manner obligates Santa Fe County or any of its departments to the
use of any proposed professional services until a valid written contract is awarded and
approved by the appropriate authorities.
10. Termination
This RFP may be canceled at any time and any and all proposals may be rejected in whole
or in part when the County determines such action to be in the best interest of the County
11. Sufficient Appropriation
Any contract awarded as a result of this RFP process may be terminated if sufficient appropri-
ations or authorizations do not exist. Such termination will be effected by sending written
notice to the contractor. The County's decision as to whether sufficient appropriations and
authorizations are available will be accepted by the contractor as final.
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12. Legal Review
The County requires that all offerors agree to be bound by the General Requirements
contained in this RFP. Any offeror concerns must be promptly brought to the attention of
the Procurement Manager.
13. Governing Law
This procurement and any agreement with offerors that may result shall be governed by the
laws of the State of New Mexico.
14. Basis for Proposal
Only information supplied by the County in writing through the Procurement Manager or in
this RFP should be used as the basis for the preparation of offeror proposals.
15. Contract Terms and Conditions
The contract between the County and the Contractor will follow the format specified by the
County and contain the terms and conditions set forth in Appendix E.
16. Contract Deviations
Any additional terms and conditions, which may be the subject of negotiation, will be
discussed only between the County and the selected offeror and shall not be deemed an
opportunity to amend the proposal.
17. Offeror Qualifications
The Evaluation Committee may make such investigations as necessary to determine the
ability of the offeror to adhere to the requirements specified within this RFP. The
Evaluation Committee will reject the proposal of any offeror who is not a responsible offeror
or fails to submit a responsive offer as defined in Sections 13-1-83 and 13-1-85 NMSA,
1978, subject to Procurement Manager approval.
18. Right to Waive Minor Irregularities
The Evaluation Committee reserves the right to waive minor technical irregularities. This
right is at the sole discretion of the Evaluation Committee subject to the Procurement
Manager approval.
19. Change in Contractor Representatives
The County reserves the right to require a change in contractor representatives if the
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assigned representatives are not, in the opinion of the County, meeting the County’s needs
adequately. Any change in contractor representative must receive prior County approval.
20. Notice
The Procurement Code, Sections 13-1-28 through 13-1-199, NMSA 1978, imposes civil and
misdemeanor criminal penalties for its violation. In addition, the New Mexico criminal
statutes impose felony penalties for bribes, gratuities and kick-backs.
21. County Rights
The County reserves the right to accept all or a portion of an offeror's proposal.
22. Right to Publish
Throughout the duration of this procurement process and contract term, potential offerors
and contractors must secure from the County written approval prior to the release of any
information that pertains to the potential work or activities covered by this procurement or
the subsequent contract. Failure to adhere to this requirement may result in disqualification
of the offeror's proposal or termination of the contract.
23. Ownership of Proposals
All documents submitted in response to this Request for Proposals shall become the property
of the County. However, any technical or user documentation submitted with the proposals
of non-selected offerors shall be returned after the expiration of the protest period.
24. Electronic Mail Address Recommended
A large part of the communication regarding this procurement will be conducted by
electronic mail (e-mail). It is recommended that the offeror should have a valid e-mail
address to receive e-mail correspondence.
25. Preferences in Procurement by Santa Fe County
a. New Mexico In-state Preference.
New Mexico law, Section 13-4-2 NMSA 1978, provides a preference in the award
of a public works contract for an “in-state resident contractor”. Application of
a resident contractor preference for any Offeror requires the Offeror to provide a
copy of a valid and current certificate as a resident contractor. Certificates are
issued by the state taxation and revenue department.
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If an Offeror submits with its proposal a copy of a valid and current in-state resident
contractor certificate, 5% of the total weight of all evaluation factors used in the
evaluation of proposals may be awarded or added to the Offerors score.
Certification by the department of taxation and revenue for the resident contractor
takes into consideration such activities as the business’ payment of property taxes
or rent in the state and payment of unemployment insurance on employees who are
residents of the state.
OR
b. New Mexico Resident Veteran Preference.
New Mexico law, Section 13-4-2 NMSA 1978, provides a preference in the award
of a public works contract for a “resident veteran contractor”. Certification by
the department of taxation and revenue for the resident veteran business requires
the Offeror to provide evidence of annual revenue and other evidence of veteran
status.
An Offeror who wants the veteran contractor preference to be applied to its proposal
is required to submit with its proposal the certification from the department of
taxation and revenue and the sworn affidavit attached hereto as Appendix C.
If an Offeror submits with its proposal a copy of a valid and current veteran resident
contractor certificate, 10%, of the total weight of all the evaluation factors used in
the evaluation of proposals may be awarded or added to the Offeror’s score.
The resident contractor preference is not cumulative with the resident veteran
contractor preference.
AND
c. Santa Fe County Business Preference
Santa Fe County Ordinance 2012-4 provides for a County preference for a “Santa Fe
County business.” Application of the County preference in procurement requires an
Offeror to obtain and provide a Santa Fe County Business Certificate issued by the
Santa Fe County Procurement Manager. Certification by the Procurement Manager
takes into consideration the business’ corporate standing in the state, business licensure
or registration, the duration of the business’ primary office location and the payment of
taxes.
If an Offeror submits with its proposal a copy of its Santa Fe County Business
Certificate issued by the Purchasing Manager, 5% of the total weight of all the
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evaluation factors used in the evaluation of proposals may be awarded to the Offerors
score.
The Resident Business, Resident Veteran Business or Santa Fe County Business
preferences do not apply to procurement of services or goods involving federal funds
or federal grant funds.
26. Double-Sided Documents
All submitted bids/proposal documents shall be double-sided, pursuant to Santa Fe County
Resolution 2013-7, Adopting Sustainable Resource Management Principles, Section 2. A.
Waste Reduction and Reuse…” all documents are to be double-sided, including those that
are generated by outside entities using County funds and by consultants and contractors
doing business with the County”.
27. Living Wage
Contractor shall comply with the requirements of Santa Fe County Ordinance No. 2014-1
(Establishing a Living Wage).
THIS PAGE INTENTIONALLY LEFT BLANK.
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IV. RESPONSE FORMAT AND ORGANIZATION
A. NUMBER OF RESPONSES
Offerors shall submit only one response to this RFP.
B. NUMBER OF COPIES
Offerors shall deliver one (1) original and five (5) identical copies of their proposal to the location
specified in Section II, Paragraph E on or before the closing date and time for receipt of proposals.
C. PROPOSAL FORMAT
All proposals shall be limited to twenty-five (25) pages, with exception of professional licenses,
certifications, and added appendices documents. The proposals shall be typewritten on standard 8
1/2 x 11 paper, with a font no smaller than 12 pt. pitch, with nominal 1” margins and normal line
spacing. Proposals shall be bound with tabs delineating each section.
1. Proposal Organization
The proposal must be organized and indexed in the following format and must contain, as a
minimum, all listed items in the sequence indicated.
a) Letter of Transmittal
b) Table of Contents
c) Proposal Summary (optional)
d) Response to Specifications – Evaluation Criteria
e) Appendices Material
Copy of insurance certificate
Copy of required licenses
Campaign Contribution Disclosure Statement
Other pertinent documents
Within each section of their proposal, offerors should address the items in the order in which they
appear in this RFP under Section V.B. EVALUATION CRITERIA. All forms provided in the
RFP must be thoroughly completed and included in the appropriate section of the proposal.
Any proposal that does not adhere to these requirements may be deemed non-responsive and
rejected on that basis.
The proposal summary may be included by offerors to provide the Evaluation Committee with an
overview of the technical and business features of the proposal; however, this material will not be
used in the evaluation process unless specifically referenced from other portions of the offeror's
proposal.
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Offerors may attach other materials that they feel may improve the quality of their responses.
However, these materials should be included as items in a separate appendix.
2. Letter of Transmittal
Each proposal must be accompanied by a letter of transmittal. The letter of transmittal
MUST:
a) Identify the submitting person or organization;
b) Identify the name and title of the person authorized by the organization to
contractually obligate the organization;
c) Identify the name, title and telephone number of the person authorized to negotiate
the contract on behalf of the organization;
d) Identify the names, titles and telephone numbers of persons to be contacted for
clarification;
e) Explicitly indicate Acceptance of the Conditions Governing the Procurement stated
in Section III, Paragraph C.1;
f) Be signed by the person authorized to contractually obligate the organization;
g) Acknowledge receipt of any and all amendments to this RFP;
h) Acknowledge and acceptance of the terms and conditions of the Agreement
attached as Appendix D.
THIS SPACE INTENTIONALLY LEFT BLANK.
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V. SPECIFICATIONS
Offerors should respond in the form of a thorough narrative to each mandatory specification. The
narratives along with required supporting materials will be evaluated and awarded points accordingly.
A. INFORMATION
Time Frame
The contract is scheduled to begin February 2019. Santa Fe County intends on awarding a contract
with an initial term of one year with the option to renew in one year increments, not to exceed four
years.
B. EVALUATION CRITERIA
A brief explanation of each mandatory specification is listed below. Offerors are encouraged to fully address each category completely, as points are assigned for responses to each.
1. Evidence of Understanding Scope of Work
a. Demonstrate a clear understanding of the key project elements and goals b. Describe in detail how the anticipated scope of work for the project will be organized.
Include an itemized description of services to be provided that correlates to the scope of work and information about the project site, project administration, and scheduling.
c. Explain any challenges that might be expected based on this type of project, including
existing conditions, location, site, or other factors.
d. Include all information for any subcontractor or consultant that the Offeror has indicated
as part of the project team and state the areas of work they will perform.
2. Capacity and Capabilities
a. Provide brief resumes for the team members describing their qualifications including
credentials, experience, responsibilities, and specific work on similar engagements.
b. Address the extent to which key personnel have worked together as a team on
projects of the same or greater magnitude and on projects of the same nature.
c. Provide copies of business licenses, professional certifications and other credentials
together with evidence that Offeror is in good standing with the State of New Mexico
regulatory agencies.
d. Provide an organizational chart depicting the Offeror's team structure that will be
assigned to work with the County. Offerors must demonstrate experience and
satisfactory past performances in meeting schedules, budgets, and project
administration requirements.
e. Note any services that cannot be provided.
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3. Specialized Design and Technical Competence
a. State the vision/mission and business philosophy of the firm b. Provide a brief history of the firm in New Mexico c. Furnish specific examples of best practices utilized by the firm d. List all design consultants and how they provide value to this project e. Provide examples of highly successful aspects of projects similar to this project completed
by the firm f. Describe the firm’s specialized problem-solving techniques or approaches, innovative
practices and ideas, and advantages the design team offers to the project.
4. Past Performance on Contracts
a. Describe any particular difficulties confronted in past projects and how the Offeror
addressed and resolved the issues.
b. Describe all past experience and performance on engineering design services for
wastewater improvements and past capability to meet schedules, meet budgets and meet
project administration requirements for comparable projects.
c. Provide at least three past projects, describing the project, subcontractors used, any
unique solutions/situations, and successes. For those projects, provide Budget (original
bid and final cost) and schedule information (original completion date and final
completion date) and explanations as to budget or schedule changes.
d. Describe any particular difficulties confronted in past projects and how the Offeror
addressed and resolved the issues.
5. Proximity and Familiarity with Project Location-- Describe the Offeror’s familiarity with the
Historic Village of Agua Fria in Santa Fe County and the seven prioritized street areas.
Describe any issues or problems the Offeror foresees at the project sites regarding the
Offeror’s engineering design performance. 6. Amount of Design Work within New Mexico-- It is in the County's best interest to support in-
state businesses. Indicate the volume of work to be produced in New Mexico by a New Mexico firm or firms. Identify any out-of-state consultant(s) or business relationships that will be involved on the project and the extent of services to be provided by that firm or firms.
7. Volume of Work for Santa Fe County-- Information on the status of past project awards shall be included in the Project Listing Form as a requirement of this RFP provided in Appendix C. The following formula on fees for projects awarded that are less than 75% complete shall be utilized in assessing scores:
$ 25,000 to $ 35,000 10 points deducted
$ 35,001 to $ 50,000 20 points deducted
$ 50,001 to $100,000 30 points deducted
$100,001 to $150,000 40 points deducted
$150,001 and over 50 points deducted
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VI. EVALUATION
A. EVALUATION SCORING
The County will evaluate responsive proposals and assign a numerical score in each category, not to
exceed the maximum allowed score for that category, as determined through the Offeror’s attention to the
factor detailed in the following sections. The amount of discussion to be applied to each listed topic is
an individual choice of the Offeror; however, discussion should be detailed enough to inform and educate
the Evaluation Committee Members.
Proposals will be scored based upon a comparison of the information submitted by each Offeror against
the evaluation factors outlined below. Each Evaluation Factor is assigned the following points:
1. Evidence of Understanding Scope .................................................................... 250 points 2. Capacity and Capabilities ................................................................................ 150 points 3. Specialized Design and Technical Competence ............................................... 250 points 4. Past Performance on Contracts ......................................................................... 150 points 5. Proximity and Familiarity with Project Location ............................................. 100 points 6. Amount of Design work within New Mexico .................................................... 50 points 7. Volume of Work for Santa Fe County ............................................................... 50 points
TOTAL POINTS ..................................................................................... 1000 points
If an Offeror provides a valid certificate of resident business, preference will be applied in accordance
with § 13-1-21, of the New Mexico Procurement Code.
PREFERENCES
If a proposal contains an In-State Resident Business Certificate or Resident Veterans Business
Certificate and/or Santa Fe County Business Certificate, the applicable preference will be applied.
5. Proposal contains a valid N.M. Resident Business Certificate …………..50 points
OR
6. Proposal contains a valid Resident Veteran Business Certificate………… 100 points
AND
7. Proposal contains a valid Santa Fe County Business Certificate …………….50 points
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B. EVALUATION PROCESS
The evaluation process will follow the steps listed below:
1. All proposals will be reviewed for compliance with the mandatory specifications stated
within the RFP. Proposals deemed non-responsive will be eliminated from further
consideration.
2. The Procurement Manager may contact the Offeror for clarification of the response as
specified in Section III, Paragraph B.7.
3. The Evaluation Committee may use other sources of information to perform the evaluation
as specified in Section III, Paragraph C.18.
4. Responsive proposals will be evaluated using the factors in Section V. The responsible
Offerors with the highest scores will be selected as finalist Offerors based upon the
proposals submitted. Finalist Offerors who are asked or choose to submit revised
proposals for the purpose of obtaining best and final offers will have their points
recalculated accordingly. The responsible Offeror whose proposal is most advantageous to
the County, taking into consideration the evaluation factors in Section VI, will be
recommended for contract award as specified in Section III, Paragraph B.12. Please note,
however, that a serious deficiency in the response to any one factor may be grounds for
rejection regardless of overall score.
5. Past performance in a project for the County is a significant consideration of the evaluation
and poor performance on a prior County project may result in a lower number of points
awarded to a proposal for this element of the evaluation.
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APPENDIX A
ACKNOWLEDGEMENT OF RECEIPT FORM
INSURANCE BROKER & BENEFITS CONSULTING SERVICES
RFP NO. 2019-0086-PW/CW
In acknowledgement of receipt of this Request for Proposal the undersigned agrees that he/she has received
a complete copy, beginning with the title page and table of contents, and ending with Appendix E.
The acknowledgement of receipt should be signed and returned to the Procurement Manager no later than
close of business on October 18, 2018. Only potential Offerors who elect to return this form completed
with the indicated intention of submitting a proposal will receive copies of all Offeror written questions and
the County's written responses to those questions as well as RFP amendments, if any are issued.
FIRM: _________________________________________________________________
REPRESENTED BY: _____________________________________________________
TITLE: ________________________________ PHONE NO.: ____________________
E-MAIL: ___________________________ FAX NO.: ________________________
ADDRESS: _____________________________________________________________
CITY: __________________________ STATE: ________ ZIP CODE: _____________
SIGNATURE: ___________________________________ DATE: _________________
This name and address will be used for all correspondence related to the Request for Proposal.
Firm does/does not (circle one) intend to respond to this Request for Proposals.
Coralie G. Whitmore
Santa Fe County Purchasing Division
142 W. Palace Avenue (Second Floor)
Santa Fe, New Mexico 87501
Phone: (505) 986-6337
Fax: (505) 989-3243
Email: [email protected]
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APPENDIX B
CAMPAIGN CONTRIBUTION DISCLOSURE FORM
Pursuant to NMSA 1978, § 13-1-191.1 (2006), any person seeking to enter into a contract with any state
agency or local public body for professional services, a design and build project delivery system, or
the design and installation of measures the primary purpose of which is to conserve natural
resources must file this form with that state agency or local public body. This form must be filed even
if the contract qualifies as a small purchase or a sole source contract. The prospective contractor must
disclose whether they, a family member or a representative of the prospective contractor has made a
campaign contribution to an applicable public official of the state or a local public body during the two
years prior to the date on which the contractor submits a proposal or, in the case of a sole source or small
purchase contract, the two years prior to the date the contractor signs the contract, if the aggregate total
of contributions given by the prospective contractor, a family member or a representative of the
prospective contractor to the public official exceeds two hundred and fifty dollars ($250) over the two
year period.
Furthermore, the state agency or local public body shall void an executed contract or cancel a
solicitation or proposed award for a proposed contract if: 1) a prospective contractor, a family member
of the prospective contractor, or a representative of the prospective contractor gives a campaign
contribution or other thing of value to an applicable public official or the applicable public official’s
employees during the pendency of the procurement process or 2) a prospective contractor fails to submit
a fully completed disclosure statement pursuant to the law.
THIS FORM MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT
THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY
CONTRIBUTIONS SUBJECT TO DISCLOSURE.
The following definitions apply:
“Applicable public official” means a person elected to an office or a person appointed to
complete a term of an elected office, who has the authority to award or influence the award of the contract
for which the prospective contractor is submitting a competitive sealed proposal or who has the authority
to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed
competitive proposal.
“Campaign Contribution” means a gift, subscription, loan, advance or deposit of money or other thing
of value, including the estimated value of an in-kind contribution, that is made to or received by an
applicable public official or any person authorized to raise, collect or expend contributions on that
official’s behalf for the purpose of electing the official to either statewide or local office. “Campaign
Contribution” includes the payment of a debt incurred in an election campaign, but does not include the
value of services provided without compensation or unreimbursed travel or other personal expenses of
individuals who volunteer a portion or all of their time on behalf of a candidate or political committee,
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nor does it include the administrative or solicitation expenses of a political committee that are paid by an
organization that sponsors the committee.
“Family member” means spouse, father, mother, child, father-in-law, mother-in-law, daughter-in-law
or son-in-law.
“Pendency of the procurement process” means the time period commencing with the public notice of
the request for proposals and ending with the award of the contract or the cancellation of the request for
proposals.
“Person” means any corporation, partnership, individual, joint venture, association or any other private
legal entity.
“Prospective contractor” means a person who is subject to the competitive sealed proposal process set
forth in the Procurement Code or is not required to submit a competitive sealed proposal because that
person qualifies for a sole source or a small purchase contract.
“Representative of a prospective contractor” means an officer or director of a corporation, a member
or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the
prospective contractor.
DISCLOSURE OF CONTRIBUTIONS:
Contribution Made By: __________________________________________
Relation to Prospective Contractor: __________________________________________
Name of Applicable Public Official: _________________________________________
Date Contribution(s) Made: __________________________________________
__________________________________________
Amount(s) of Contribution(s) __________________________________________
__________________________________________
Nature of Contribution(s) __________________________________________
__________________________________________
Purpose of Contribution(s) __________________________________________
__________________________________________
(Attach extra pages if necessary)
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___________________________ _______________________
Signature Date
___________________________
Title (position)
--OR—
NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY
DOLLARS ($250) WERE MADE to an applicable public official by me, a family member or
representative.
______________________________ _______________________
Signature Date
______________________________
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APPENDIX C
RESIDENT VETERANS PREFERENCE CERTIFICATION
____________________________ (NAME OF CONTRACTOR) hereby certifies the following in regard
to application of the resident veterans’ preference to this procurement.
Please check one box only:
I declare under penalty of perjury that my business prior year revenue starting January 1 ending December 31
is less than $1M allowing me the 10% preference discount on this solicitation. I understand that knowingly giving
false or misleading information about this fact constitutes a crime.
“I agree to submit a report or reports to the State Purchasing Division of the General Services Department
declaring under penalty of perjury that during the last calendar year starting January 1 and ending on December 31,
the following to be true and accurate:
“In conjunction with this procurement and the requirements of this business application for a Resident
Veteran Business Preference/Resident Veteran Contractor Preference under Sections 13-1-21 or 13-1-22 NMSA
1978, which awarded a contract which was on the basis of having such veterans preference, I agree to report to the
State Purchasing Division of the General Services Department the awarded amount involved. I will indicate in the
report the award amount as a purchase from a public body or as a public works contract from a public body as the
case may be.”
“I understand that knowingly giving false or misleading information on this report constitutes a crime”.
I declare under penalty of perjury that this statement is true to the best of my knowledge. I understand that giving
false or misleading statements about material fact regarding this matter constitutes a crime.
_________________________________________ ___________________
(Signature of Business Representative)* (Date)
*Must be an authorized signatory of the Business.
The representations made in checking the boxes constitutes a material representation by the business that is subject
to protest and may result in denial of an award or un-award of the procurement involved if the statements are proven
to be incorrect.
SIGNED AND SEALED THIS__________DAY OF ________________, 2018.
________________________________________
NOTARY PUBLIC
My Commission Expires:
___________________________________
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APPENDIX D
SAMPLE AGREEMENT
AGREEMENTS FOR ENGINEERING
SERVICES
(Publicly Funded Project)
THIS Agreement, made this ____day of __________ 2018 (effective date) by and between the
COUNTY OF SANTA FE hereinafter referred to as the OWNER, and hereinafter referred
to as the ENGINEER. This contract expires on
The OWNER intends to create a Project consisting of the provision of engineering design services
for wastewater infrastructure improvements on seven identified streets located within the Historic
Village of Agua Fria. the following streets have been identified as priorities by the Public Works
Department: 1) Del Ross Lane (including A & B Lane); 2) Rudolfo Road (between Agua Fria Street
& Rufina Street); 3) Terrazas Lane; 4) Calle Hernandez; 5) Ramon Lane (on the north side of the
Santa Fe River); 6) Camino Maria Feliz; and, 7) Pam y Eutilia Lane/Paseo Mel Senaida.
Santa Fe County requires the engineering firm to investigate conditions, develop potential
solutions, and provide a phasing plan for design and construction.
The selected engineering firm will provide basic engineering design services for the wastewater
infrastructure improvements:
a. Evaluate the existing subsurface infrastructure at each specified location and obtain
invert elevations of the existing sewer line in that vicinity.
b. Determine what sewer line system (i.e. gravity, low pressure, or combination) is feasible
based on the existing invert elevations and site limitations (e.g. location of storm drains,
easement issues, etc.) for each location.
c. Provide engineering design services for the more viable sewer line system at each
specific location.
d. Develop the design requirements to indicate existing utilities that must be relocated, in
order to install a new sewer line, and perform physical verification at each location (including
potholing or vacuum excavation) of existing subsurface utilities prior to 100% Design Submittal
to Santa Fe County.
e. Identify all properties that require utility easements based on proposed sewer alignment
as part of the 30% Design Submittal Package.
f. Submit a Project Development Schedule (Design and Construction) in MS Project (201O
version) format.
g. Identify and complete any and all local, state or federal permitting requirements.
h. Provide construction documents for bidding/constructing improvements to system.
32
i. Deliver record drawings certified by the design engineer (two hard copies and two
electronic copies).
The selected engineering firm will provide at minimum the following additional engineering
services for wastewater infrastructure improvements located within the Historic Village of Agua
Fria:
1) Utility Potholing
2) Utility Relocation and Design
3) Geo-Technical Report
4) Utility Easement Exhibits
5) Cultural Resource Monitoring Plan (as required)
6) Material Testing and Construction Observation
7) Conduct two public meetings at 60% and 90% Design Submittal points including
PowerPoint Presentation and one set of full-sized design drawings for public viewing.
in Santa Fe County, State of New Mexico, which may be paid for in part with financial assistance
from the United States of America acting through the United States Department of Agriculture -
Rural Development, hereinafter referred to as USDA-RD; and/or through the United States
Environmental Protection Agency, hereinafter referred to as EPA; and/or the New Mexico
Environment Department, hereinafter referred to as NMED; and/or the New Mexico Finance
Authority, hereinafter referred to as NMFA; and/or the New Mexico Department of Finance,
hereinafter referred to as DFA; all collectively referred to as the Funding Agency. Neither the
United States or the State of New Mexico nor any of its departments, agencies, or employees is or
will be a party to this Agreement or any subagreement. The ENGINEER agrees to perform the
various professional engineering services for the planning, design, and construction of said Project
in accordance with the provisions of this Agreement.
33
CONTENTS
SECTION A· GENERAL PROVISIONS
1. General
2. Approvals
3. Responsibilities of the ENGINEER
4. Responsibilities of the OWNER
5. Changes
6. Termination of Contract
7. Payment
8. Time
9. Project Design
10. Audits and Access to Records
11. Subcontracts
12. Insurance
13. Environmental Conditions of Site
14. Mutual Waiver
15. Independent Contractor
16. Equal Employment Opportunity
17. Gratuities
18. Covenants Against Contingent Fees
19. Cost and Pricing Data on Federally
Funded Projects
20. Remedies
21. Assurance Against Debarment
SECTION B • ENGINEERING SERVICES
Engineer Services During the Planning Phase
Engineering Services During the Design Phase
Engineering Services During the Construction
Phase Engineering Services During the Operation
Phase
34
SECTION C • SPECIAL PROVISIONS OR MODIFICATIONS
ATTACHMENTS
Attachment I - Insurance - required
Attachment II - Engineering Services during the Planning Phase
Attachment Ill - Engineering Services during the Design Phase
Authorization to proceed date: This: day of , 2018
Contract Time shall be calendar days from Authorization to proceed
date. This phase expires on .
Attachment IV - Engineering Services during the Construction Phase
Attachment V - Engineering Services during the Operation Phase
Attachment VI - Amendments to Agreements for Engineering Services
6
SECTION A - GENERAL PROVISIONS
1. General
(a) This Agreement represents the entire and integrated Agreement between the
OWNER and the ENGINEER for the Project and supersedes all prior negotiations,
representations or agreements, either written or oral. In the event, any provisions of this
Agreement or any subsequent amendment shall be held to be invalid and unenforceable, the
remaining provisions shall be valid and binding upon the parties. One or more waivers by
either party of any provision, term, condition or covenant shall not be construed by the other
party as a waiver of a subsequent breach of the same by the other party. The General
provisions of this Agreement supersede any conflicting SPECIAL PROVISIONS.
(b) The OWNER and the ENGINEER each Is bound and the partners, successors,
executors, administrators and legal representatives of the OWNER and the ENGINEER are
hereby bound to the other party to this Agreement and to the partners, successors, executors,
administrators and legal representatives of such other party, in respect to all covenants,
agreements, and obligations of the Agreement. Neither the OWNER nor the ENGINEER
may assign, sublet, or transfer any rights under or interest (including, but without limitation,
moneys that are due or may be become due) in the Agreement without written consent of the
other, except to the extent that any assignment, subletting, or transfer is mandated or restricted
by law. Unless specifically stated to the contrary in any written consent of an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under this
Agreement. Unless expressly provided otherwise in this Agreement:
(1) Nothing in this Agreement shall be construed to create, impose, or give rise to
any duty owed by the OWNER or the ENGINEER to any Contractor, Contractor's
subcontractor, supplier, other individual or entity, or to any surety for or employee of
any of them; and
(2) All duties and responsibilities undertaken pursuant to this Agreement will be for
sole and exclusive benefit of the OWNER and the ENGINEER and not for the benefit
of any other party.
(c) The ENGINEER will work closely with the OWNER to confirm all Funding
Agency requirements are met.
(d) The ENGINEER will attend conferences and public hearings with the OWNER, at
which representatives of the Funding Agency and interested parties will also be in
attendance, and provide assistance in connection with such undertakings as provided for in
the scope of work detailed in the Attachments.
2. Approvals
(a) This Agreement shall not become effective until reviewed and approved by the
Funding Agency. Such approval shall be evidenced by the signature of a duly authorized
representative of the Funding Agency in the space provided in the Attachments to this
Agreement. The approval shall in no way commit the Funding Agency to render financial
6
assistance to the OWNER. The Funding Agency is without liability for any payment
hereunder, but in the event such assistance is provided, the approval shall signify that the
provisions of this Agreement are consistent with the requirements of the Funding Agency.
(b) Review or approval of documents by or for the Funding Agency under this
Agreement is for administrative purposes only and does not relieve the ENGINEER or
OWNER of their responsibilities to design, construct and operate the Project as required
under law, regulations, permits and good management practices.
3. Responsibilities of the ENGINEER
(a) The ENGINEER shall be responsible for the professional quality, technical
accuracy, timely completion, and the coordination of design drawings, specifications,
reports, and other services furnished by the ENGINEER under this Agreement. If this
Agreement involves environmental measures or data generation, the ENGINEER shall
comply with EPA quality assurance requirements that can be found on their website at
http://www.epa.gov/quality/index .html. The ENGINEER shall keep the OWNER informed of
the performance of the ENGINEER'S duties under this Agreement. The ENGINEER shall,
promptly and without additional compensation, correct or revise errors or omissions in the
design drawings, specifications, reports, and other services provided by ENGINEER under
terms of this Agreement.
(b) The ENGINEER shall perform the professional services necessary to accomplish
the work specified in this Agreement, in accordance with this Agreement and applicable
Funding Agency requirements in effect on the date of execution of any assistance
agreement for this Project.
(c) The OWNER or Funding Agency review or approval of design drawings,
specifications, reports, and other services furnished hereunder shall not in any way relieve
the ENGINEER of responsibility for the technical adequacy of the work. Neither the
OWNER nor Funding Agency review, approval or acceptance of, nor payment for any of the
services shall be construed as a waiver of action arising out to the performance of this
Agreement.
(d) The ENGINEER shall be, and shall remain, liable to the proportionate extent, in
accordance with applicable law, for damages to the OWNER caused by the ENGINEER's
negligent performance of any of the services furnished under this Agreement, except for
errors, omissions or other deficiencies to the extent attributable to the OWNER or OWNER-
furnished data. The ENGINEER shall not be responsible for any time delays in the Project
caused by circumstances beyond the ENGINEER'S control.
(e) The ENGINEER'S opinions of probable Construction Cost are to be made on the
basis of the ENGINEER'S experience and qualifications and represent ENGINEER'S best
judgment as an experienced and qualified professional generally familiar with the
construction industry. However, since the ENGINEER has no control over the cost of labor,
materials, equipment, or services furnished by others, or over Contractor's methods of
determining prices, or over competitive bidding or market conditions, the ENGINEER
6
cannot and does not guarantee that proposals, bids, or actual Construction Cost and project
schedules will not vary from opinions of probable Construction Cost prepared by the
ENGINEER. If the OWNER wishes greater assurance as to probable Construction Cost, the
OWNER shall employ and independent cost estimator.
(f) During the Construction Phase, the ENGINEER shall not at any time supervise, direct,
or have control over the Contractor's work, nor shall the ENGINEER have authority over or
responsibility for the means, methods, techniques, sequences, or procedures of construction
selected or used by the Contractor, for security or safety at the Site, for safety precautions and
programs incident to the Contractor's work in progress, nor for any failure of the Contractor
to comply with Laws and Regulations applicable to the Contractor's furnishing and performing
the Work.
(g) The standard of care of all professional engineering and related services performed
or furnished by the ENGINEER under this Agreement will be the care and skill ordinarily
used by members of subject profession practicing under similar circumstances at the same
time and in the same locality. The ENGINEER makes no warranties, expressed or implied,
under this Agreement or otherwise, in connection with the ENGINEER'S services.
(h) The ENGINEER's obligations under this clause are in addition to the ENGINEER's
other express or implied assurances under this Agreement or State law and in no way
diminish any other rights that the OWNER may have against the ENGINEER for faulty
materials, equipment, or work.
4. Responsibilities of the OWNER
(a) The OWNER shall designate in writing a person authorized to act as the OWNER's
representative. The OWNER or its representative shall receive and examine documents
submitted by the ENGINEER, interpret and define the OWNER's policies and render
decisions and authorizations promptly in writing.
(b) The OWNER shall be responsible for, and the ENGINEER may rely upon, the
accuracy and completeness of all requirements, programs, instructions, reports, data, and
other information furnished by the OWNER to the ENGINEER pursuant to this Agreement.
The ENGINEER may use such requirements, programs, instructions, reports, data, and
information in performing or furnishing services under this Agreement without
responsibility for verifying accuracy of the OWNER furnished data and information.
(c) The OWNER shall provide to the ENGINEER full and free access to enter upon
all property required for the performance of the ENGINEER's services under this
Agreement.
(d) The OWNER may make and retain copies of documents for information and reference
in connection with use on the Project by the OWNER. Such documents are not intended or
represented to be suitable for reuse by the OWNER or others on extensions of the Project or
on any other project. Any such reuse or modification without written verification or adaptation
by the ENGINEER will be at the OWNER's sole risk and without liability or legal exposure
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to the ENGINEER. Any verification or adaptation as stated above, will entitle the ENGINEER
to further compensation at rates to be agreed upon by the OWNER and the ENGINEER.
5. Changes
(a) The OWNER and the ENGINEER may, at any time, with prior approval of the
Funding Agency, make changes within the general scope of this Agreement in the services
or work to be performed. Any such change must be in writing and approved by both parties
to this Agreement. If such changes cause an increase or decrease in the ENGINEER's cost
or time required to perform any services under this Agreement, whether or not changed by
any order, the OWNER shall make an equitable adjustment and modify this Agreement in
writing. The ENGINEER must assert any claim for adjustment under this clause in writing
within thirty (30) calendar days from the date it receives the OWNER's notification of
change, unless the OWNER grants additional time before the date of final payment.
(b) No services for which the ENGINEER will charge an additional compensation shall
be furnished without the written authorization of the OWNER.
(c) All changes to the scope, cost or time of this Agreement and services described in
the Attachments must be in writing and documented in Attachment VI - Amendment to
Agreements for Engineering Services.
6. Termination of Contract
(a) This Agreement may be terminated in whole or in part by either party in the event of
substantial failure by the other party to fulfill its obligations under this Agreement through no
fault of the terminating party. Any termination must be in writing. No such termination may
be effected unless the other party is given: 1) not less than fourteen (14) calendar days written
notice (delivered by certified mail, return receipt requested) of intent to terminate; and 2) an
opportunity to cure the default with the terminating party before termination.
(b) This Agreement may be terminated in whole or in part in writing by the OWNER for
its convenience, provided that the ENGINEER is given: 1) not less than fourteen (14) calendar
days written notice (delivered by certified, return receipt requested) of intent to terminate;
and 2) an opportunity for consultation with the OWNER prior to termination.
(c) If termination for default is effected by the OWNER, an equitable adjustment in the
price provided for in this agreement shall be made, but: 1) no amount shall be allowed for
anticipated profit on unperformed services or other work; and 2) any payment due to the
ENGINEER at the time of termination may be adjusted to cover any additional costs to the
OWNER because of the ENGINEER's default. If the ENGINEER effects termination for
default, or if the OWNER effects termination for convenience, the equitable adjustment shall
include a reasonable profit for services or other work performed. The equitable adjustment
for any termination shall provide for payment to the ENGINEER for services rendered and
expenses incurred prior to the termination, in addition to termination settlement costs
reasonably incurred by the ENGINEER relating to commitments which had become firm
prior to the termination.
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(d) Upon receipt of a termination action under paragraphs (a) or (b) above, the
ENGINEER shall: 1) promptly discontinue all affected work (unless the notice directs
otherwise); and 2) deliver or otherwise make available to the OWNER within fourteen (14)
calendar days copies of all data, design drawings, specifications, reports, estimates,
summaries and such other information and materials as may have been accumulated by the
ENGINEER in performing this Agreement, whether completed or in process.
(e) Upon termination under paragraphs (a) or (b) above, the OWNER may take over
the work and may award another party an Agreement to complete the work under this
Agreement.
(f) If, after termination for failure of the ENGINEER to fulfill contractual obligations, it
is determined that the ENGINEER had not failed to fulfill contractual obligations, the
termination shall be deemed to have been for the convenience of the OWNER. In such event,
adjustment of the Agreement price shall be made as provided in paragraph 6(c) of this clause.
7. Payment
(a) The ENGINEER will submit to the OWNER for services rendered an itemized bill
showing charges for such services accompanied by any additional documentation requested
by the OWNER. Such invoices are limited to no more than one per month. Compensation
will be based on the lump sum or standard hourly rate with a maximum method of payment
as detailed in the Attachments.
(b) The OWNER shall pay the ENGINEER applicable gross receipt taxes and
reimbursable expenses at the rates set forth in the appropriate Attachment. The amounts
payable to the ENGINEER for reimbursable expenses will be the project-related internal
expenses, such as reproduction, and all invoiced external reimbursable expenses applicable
to the project, including consultants, multiplied by a factor of 1.0 Mileage will be
reimbursed at the current federally approved IRS rate. Mileage and per diem will not be
multiplied by a factor. Reimbursable expenses shall not exceed the estimate in the
Attachments without prior written approval of the OWNER, with Funding Agency
concurrence. Copies of invoices from consultants, mileage logs, and receipts for which the
ENGINEER is requesting reimbursement must accompany the ENGINEER'S invoice.
(c) The OWNER shall notify the ENGINEER of any disputed amounts in the invoices
within fourteen (14) calendar days of receipt. If the OWNER contests an invoice, the
OWNER may withhold only that portion so contested, and must pay the undisputed portion.
(d) Final Payment under this Agreement, or settlement upon termination of this
Agreement, shall not constitute a waiver of the OWNER's claims against the ENGINEER
under this Agreement.
(e) If the OWNER fails to make any payment due to the ENGINEER within forty-five
(45) calendar days after the OWNER's receipt of the ENGINEER's invoice, the amount due
to the ENGINEER shall be increased at the rate of 1.5% per month from said forty-fifth day.
Any payment of interest under this contract is not reimbursable from grant or loan funds. In
addition, after ten (10) calendar days' prior written notice, the ENGINEER may suspend
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services under this Agreement until the ENGINEER is paid in full. The OWNER waives
any and all claims against the ENGINEER for any such suspension.
8. Time
(a) PROGRESS AND COMPLETION
1. The ENGINEER has prepared and the OWNER has approved a schedule for the
performance of the ENGINEER's services. This schedule is reflected in the contract
time(s) as detailed in the Attachment(s) and represents reasonable times in which to
complete the services. The schedule includes reasonable times required for the
OWNER and other applicable parties to the agreement to provide necessary
information, provide any applicable services not included in the ENGINEER's Scope
of Work and make decisions necessary for completion of the work. The schedule also
includes reasonable allowances for review and approval times required by the OWNER
and by public authorities having jurisdiction over the Project. The schedule shall be
equitably adjusted as the Project progresses, allowing for changes in scope, character
or size of the Project requested by the OWNER, or for delays or other causes beyond
the ENGINEER's reasonable control.
2. The ENGINEER shall proceed expeditiously, consistent with professional skills,
with adequate forces to achieve completion within the Contract Time.
3. The OWNER shall not be liable to the ENGINEER for additional time or money if the
ENGINEER submits a progress report expressing an intention to achieve completion of
the Work prior to the Contract Time and then is not able to achieve intended accelerated
schedule regardless of the reason.
4. If the ENGINEER is delayed at any time in the commencement or progress of the Work
by an act or negligence of the OWNER, changes in the Work as agreed upon by the
OWNER and the ENGINEER in writing, or other causes beyond the ENGINEER'S
control, then the Contract Time may be extended per Section 5 of this Agreement.
Extensions of time not associated with modifications or changes to the Work shall not
be allowed to increase the Contract amount for overhead or for any other reason and
shall strictly apply toward liquidated damages, as found in Subsection (b) of this
Section.
5. The ENGINEER shall promptly notify the OWNER in writing of any conditions that
may delay delivery of work beyond the Contract Time.
6. The OWNER shall make decisions and carry out its other responsibilities in a
timely manner so as not to delay the ENGINEER'S performance of its Services.
(b) CONTRACT TIME AND LIQUIDATED DAMAGES
1. The ENGINEER agrees that the Services being provided under this Agreement will be
performed regularly, diligently and without interruption at such rate of progress as will
provide for completion within the Contract Time. It is expressly understood and agreed,
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by and between the ENGINEER and the OWNER, that the Contract Time is a
reasonable time for completion of the Services, taking into consideration the usual
conditions for performing the Services. The ENGINEER agrees to promptly notify the
OWNER of delays in completing the services under this Agreement that are beyond
ENGINEER's control and for which a Contract Time extension will be requested. If the
ENGINEER neglects, fails, or refuses to complete the Services within the Contract
Time, including any time extension granted by the OWNER, then the ENGINEER
agrees to pay the OWNER the amount specified in the Attachments, not as a penalty,
but as liquidated damages.
2. The parties agree that the amount of the likely damages to the OWNER for such delay
is difficult to ascertain at the time of execution of this Agreement, but that a reasonable
estimate of such damages may be deducted from any monthly payments due to the
ENGINEER, or from other monies being withheld from the ENGINEER, when a
reasonable estimate of the expected date of completion can be determined by the
OWNER.
3. Final accounting of liquidated damages shall be determined at completion and the
ENGINEER shall be liable for any liquidated damages over and above unpaid
balances held by the OWNER.
4. The OWNER and the ENGINEER agree that reasonable liquidated damages for delay
(but not as a penalty) due from the ENGINEER to the OWNER are $200.00
(minimum one hundred dollars ($100.00] per day) for each calendar day that expires
after the Contract Time specified in the Agreement until the Work is complete and
accepted by the OWNER. The OWNER shall have no more than ten (10) calendar days
to accept or reject the Work.
9. Project Design
Unless otherwise approved by the OWNER and Funding Agency, the ENGINEER shall specify
materials, equipment, and processes that are readily available through competitive procurement
and consistent with State and Federal regulations.
10. Audits and Access to Records
(a) The ENGINEER shall maintain books, records, documents, and other evidence
directly pertinent to performance on work under this Agreement in accordance with generally
accepted accounting principles and practices consistently applied, and Funding Agency
regulations in effect on the date of execution of this Agreement. The ENGINEER shall also
maintain the financial information and data used by the ENGINEER in the preparation of the
cost submission required under EPA regulations in effect on the date of execution for any
negotiated agreement or amendment thereof and a copy of the cost summary submitted to the
OWNER. The Funding Agency, the Comptroller General of the United States, the U.S.
Department of Labor, the OWNER, and the State water pollution control agency, or their duly
authorized representatives, shall have access to such books, records, documents, and other
evidence for inspection, audit, and copying during normal business hours. The ENGINEER
will provide proper facilities for such access and inspection.
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(b) The ENGINEER agrees to make paragraphs (a) through (f) applicable to agreements
it awards in excess of $10,000, at any tier, and to make paragraphs (a) through (f) of this
clause applicable to all amendments directly related to Project performance.
(c) Audits conducted under this provision shall be in accordance with generally
accepted auditing standards and established procedures and guidelines of the reviewing
or audit agency(ies) and the General Accounting Office.
(d) The ENGINEER agrees to disclose all information and reports resulting from access
to records under paragraphs (a) and (b) of this clause to any of the agencies referred to in
paragraph (a) upon their request.
(e) Records under paragraphs (a) and (b) above shall be maintained and made available by
the ENGINEER during performance of services under this Agreement and for three (3) years
from the date of final Federal/State assistance payment to the OWNER for the Project. In
addition, those records which relate to any controversy arising under this Agreement,
litigation, the settlement of claims arising out of such performance or to costs or items to
which an audit exception has been taken shall be maintained and made available by the
ENGINEER until three (3) years after the date of resolution of such appeal, litigation, claim
or exception.
(f) This right of access clause applies to financial records pertaining to agreements
(except formally advertised, competitively awarded, fixed price agreements) and agreement
amendments regardless of the type of agreement. In addition, this right of access applies to
records pertaining to all agreements and agreement amendments:
1. To the extent the records pertain directly to Agreement performance; or
2. If there is any indication that fraud, gross abuse or corrupt practices may be involved; or
3. If the Agreement is terminated for default or for convenience.
11. Subcontracts
(a) Any subcontractors and outside associates or consultants required by the ENGINEER
in connection with services under this Agreement will be limited to such individuals or firms
as were specifically identified and agreed to during negotiations of this Agreement. The
OWNER must give prior approval for any substitutions, additions or deletions to such
subcontractors, associates, or consultants but will not dictate whom the ENGINEER must
hire.
(b) The ENGINEER may not subcontract services to subcontractors or consultants in
excess of thirty (30) percent of the total phased compensation due to the ENGINEER and
detailed in the Attachments without prior written approval of the OWNER and funding
agency.
12. Insurance
The ENGINEER agrees to obtain and maintain, at their expense, such insurance as specified in
Attachment I.
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13. Environmental Condition of Site
(a) The OWNER has disclosed to the ENGINEER in writing the existence of all known
and suspected Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material,
hazardous substances, and other Constituents of Concern located at or near the Site,
including type, quantity, and location.
(b) The OWNER represents to the ENGINEER that to the best of its knowledge no
Constituents of Concern, other than those disclosed in writing to the ENGINEER, exist at
the Site.
(c) If the ENGINEER encounters an undisclosed Constituent of Concern, then the
ENGINEER shall notify: 1) the OWNER; and 2) appropriate governmental officials if the
ENGINEER reasonably concludes that doing so is required by applicable Laws or
Regulations.
(d) It is acknowledged by both parties that the ENGINEER'S scope of services does not
include any services related to Constituents of Concern. If the ENGINEER or any other party
encounters an undisclosed Constituent of Concern, or if investigative or remedial action, or
other professional services, are necessary with respect to disclosed or undisclosed
Constituents of Concern, then the ENGINEER may, at its option and without liability for
consequential or any other damages, suspend performance of services on the portion of the
Project affected thereby until the OWNER: 1) retains appropriate specialist consultant(s) or
contractor(s) to identify and, as appropriate, abate, remediate, or remove the Constituents of
Concern; and 2) warrants that the Site is in full compliance with applicable Laws and
Regulations.
(e) If the presence at the Site of undisclosed Constituents of Concern adversely affects
the performance of the ENGINEER'S services under this Agreement, then the ENGINEER
shall have the option of: 1) accepting an equitable adjustment in its compensation or in the
time of completion, or both; or 2) terminating this Agreement for cause on 30 calendar days'
notice.
(f) Owner acknowledges that the ENGINEER is performing professional services for the
OWNER and that the ENGINEER is not and shall not be required to become an "arranger,"
"operator," "generator," or "transporter" of hazardous substances, as defined in the
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as
amended, which are or may be encountered at or near the Site in connection with the
ENGINEER'S activities under this Agreement.
14. Mutual Waiver
To the fullest extent permitted by law, the OWNER and the ENGINEER waive against
each other, and the other's employees, officers, directors, agents, insurers, partners, and
consultants, any and all claims for or entitlement to special, incidental, indirect, or
consequential damages arising out of, resulting from, or in any way related to the Project.
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15. Independent Contractor
The ENGINEER will, at all times during the performance of this Agreement and in
connection with the Services, be deemed to be an Independent Contractor. No relationship
of employer employee or agency or other fiduciary capacity is created by this Agreement
or by the ENGINEER'S performance of the Services.
16. Equal Employment Opportunity
The ENGINEER shall comply with U.S. Executive Order 11246, entitled "Equal
Employment Opportunity", as amended by U.S. Executive Order 11375, and as supplemented
in Department of Labor regulations 41 CFR Part 60.
17. Gratuities
(a) If the OWNER find that the ENGINEER or any of the ENGlNEER's agents or
representatives offered or gave gratuities (in the form of entertainment, gifts, or otherwise),
to any official, employee, or agent of the OWNER or the Funding Agency in an attempt to
secure this Agreement, or favorable treatment in awarding, amending or making any
determinations related to the performance of this Agreement, the OWNER may, by written
notice to the ENGINEER, terminate this Agreement. The OWNER may also pursue other
rights and remedies that the law or this Agreement provides. However, the existence of the
facts on which the OWNER bases such findings shall be in issue and may be reviewed in
proceedings under the Remedies clause of this Agreement.
(b) In the event this Agreement is terminated as provided in Subsection (a} of this
Section, the OWNER may pursue the same remedies against the ENGINEER as it could
pursue in the event of a breach of the Agreement by the ENGINEER. As a penalty, in
addition to any other damages to which it may be entitled by law, the OWNER may pursue
exemplary damages in an amount (as determined by the OWNER) which shall be not less
than three nor more than ten times the costs the ENGINEER incurs in providing any such
gratuities to any such officer or employee.
18. Covenant against Contingent Fees
The ENGINEER represents that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the ENGINEER for the purpose of
securing business. For breach or violation of this assurance the OWNER shall have the right
to annul this Agreement without liability or, at its discretion, to deduct from the contract price
or consideration, or otherwise recover, the full amount of such commission, percentage,
brokerage, or contingent fees.
19. Cost and Pricing Data on Federally-funded Projects
The ENGINEER and its subcontractor(s) confirm that cost and pricing data submitted for
evaluation with respect to negotiation of prices for negotiated agreements, lower tier
6
subagreements, or amendments are based on current, accurate, and complete data supported
by their books and records. If the OWNER, or Funding Agency determines that any price
(including profit) negotiated in connection with this Agreement, any lower tier
subagreement, or any amendment thereunder was increased by any significant sums because
the data provided was incomplete, inaccurate, or not current at the time of submission, then
such price or cost or profit shall be reduced accordingly; and this Agreement shall be
modified in writing to reflect such action. Failure to agree on a reduction shall be subject to
the Remedies clause of this Agreement.
20. Remedies
Unless otherwise provided in this Agreement, all claims, counter-claims, disputes, and
other matters in question between the OWNER and the ENGINEER arising out of or
relating to this Agreement or the breach of it will be decided by non-binding mediation
or arbitration if the parties mutually agree, or in a court of competent jurisdiction within
the State in which the OWNER is located.
21. Assurance against Debarment
The ENGINEER confirms that it and its subcontractors have not been suspended or debarred
by EPA, USDA, or the State of New Mexico.
SECTION B -ENGINEERING SERVICES
The ENGINEER shall furnish ENGINEERING SERVICES as follows in accordance with the
GENERAL PROVISIONS of the Agreement and as authorized by the appropriate Attachment
to this Agreement:
1. The ENGINEER shall complete the ENGINEERING SERVICES described in
Attachment Ill - Engineering Services During the Design Phase within the time specified
from the date of written authorization to proceed unless otherwise mutually agreed to in
writing by both parties.
SECTION C - SPECIAL PROVISIONS OR MODIFICATIONS TO THE STANDARD
LANGUAGE IN THIS AGREEMENT
{Mark those that apply or describe, attach or indicate "None")
For Planning Grant Funds from NMFA Insert the note: For Preliminary Engineering
Reports or other documents paid for using NMFA Planning Grant Funds, the community can only
submit one reimbursement request. This request for payment must be based on a final invoice
and can only occur after the document is approved by the pertinent reviewing agency. Interim
payments to the engineer will be at the discretion of the community as agreed upon in this contract
The terms of this Agreement are contingent upon sufficient appropriations and
authorization being made by the Legislature of New Mexico for the performance of this
Agreement. If sufficient appropriations and authorization are not made by the Legislature,
the OWNER may immediately terminate this Agreement by giving the ENGINEER written
notice of such termination. The OWNER's decision as to whether sufficient appropriations
6
are available shall be accepted by the ENGINEER and shall be final. The ENGINEER hereby
waives any rights to assert an impairment of contract claim against the OWNER or NMED
or the State of New Mexico in the event of immediate or Early Termination of this Agreement
by the OWNER or the Department
This contract is funded in whole or in part by funds made available under a NMED Grant
Agreement. Should the NMED early terminate the grant agreement, the OWNER may early
terminate this contract by providing the ENGINEER written notice of such termination. In the
event of termination pursuant to this paragraph, the OWNER's only liability shall be to pay the
ENGINEER or vendor for acceptable goods delivered and services rendered before the
termination date.
MODEL CONTRACT CLAUSE FOR ENGINEERING AGREEMENTS used for
Clean Water State Revolving Fund (CWSRF) or Drinking Water State Revolving Fund
(DWSRF) projects.
1. PRIVITY OF CONTRACT
This contract is expected to be funded in part with funds from the U.S. Environmental
Protection Agency. Neither the United States nor any of its departments, agencies or
employees is, or will be, a party to this contract or any lower tier contract. This contract is
subject to the applicable EPA procurement regulations in effect on the date of the assistance
award for this project.
2. CHANGES
1. The OWNER may at any time, by written order make changes within the general scope
of this contract in the services to be performed. If such changes cause an increase or decrease
in the ENGINEER'S cost or time required to perform any services under this contract,
whether or not changed by any order, the OWNER shall make an equitable adjustment and
modify this contract in writing. The ENGINEER must assert any claim for adjustment under
this clause in writing within 30 days from the date it receives the OWNER'S notification of
change, unless the OWNER grants additional time before the date of final payment.
2. No claim by the ENGINEER for an equitable adjustment shall be allowed if made after
final payment under this contract.
3. No services for which the ENGINEER will charge an additional compensation
shall be furnished without the written authorization of the OWNER.
3. TERMINATION
a. This contract may be terminated in whole or in part in writing by either party in the event
of substantial failure by the other party to fulfill its obligations under this contract through no
6
fault of the terminating party, provided that no termination may be effected unless the other
party is given (1) not less than ten (10) calendar days written notice (delivered by certified
mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation
with the terminating party prior to termination.
b. This contract may be terminated in whole or in part in writing by the OWNER for its
convenience, provided that the ENGINEER is given: 1) not less than ten (10) calendar days'
written notice (delivered by certified mail, return receipt requested) of intent to terminate, and;
2) an opportunity for consultation with the terminating party prior to termination.
c. If termination for default is effected by the OWNER, an equitable adjustment in the price
provided for in this contract shall be made, but: 1) no amount shall be allowed for anticipated
profit on unperformed services or other work; and 2) any payment due to the ENGINEER at
the time of termination may be adjusted to cover any additional costs to the OWNER because
of the ENGINEER'S default. If the ENGINEER effects termination for default, or if the
OWNER effects termination for convenience, the equitable adjustment shall include a
reasonable profit for services or other work performed. The equitable adjustment for any
termination shall provide for payment to the ENGINEER for services rendered and expenses
incurred prior to the termination, in addition to termination settlement costs reasonably
incurred by the ENGINEER relating to commitments which had become firm prior to the
termination.
d. Upon receipt of a termination action under paragraphs (a) or (b) above, the Engineer shall
(1) promptly discontinue all affected work (unless the notice directs otherwise), and (2)
deliver or otherwise make available to the Owner all data, drawings, specifications, reports,
estimates, summaries and such other information and materials as may have been
accumulated by the Engineer in performing this contract, whether completed or in process.
e. Upon termination under paragraphs (a) or (b) above, the Owner may take over the work
and may award another party a contract to complete the work under this contract.
f. If, after termination for failure of the Engineer to fulfill contractual obligations, it is
determined that the Engineer had not failed to fulfill contractual obligations, the termination
shall be deemed to have been for the convenience of the Owner. In such event, adjustment of
the sub-agreement price shall be made as provided in paragraph (c) of this clause.
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4. REMEDIES
Unless otherwise provided in this contract, all claims, counter-claims, disputes and other
matters in question between the OWNER and the ENGINEER arising out of, or relating
to, this contract or the breach of it will be decided, if the parties mutually agree, by
arbitration, mediation, or other alternative dispute resolution mechanism; or in a court of
competent jurisdiction within the State in which the OWNER is located.
5. AUDIT: ACCESS TO RECORDS
a. The ENGINEER shall maintain books, records, documents and other evidence directly
pertinent to performance on EPA funded work under this contract in accordance with
generally accepted accounting principles and practices consistently applied, and the
applicable EPA regulations in effect on the date of execution of this contract. The
ENGINEER shall also maintain the financial information and data used in the preparation
or support of any cost submission required under applicable regulations for negotiated
contracts or change orders and a copy of the cost summary submitted to the OWNER.
The United States Environmental Protection Agency, the Comptroller General of the
United States, the United States Department of Labor, the OWNER, and [the State] or
any of their authorized representatives shall have access to all such books, records,
documents and other evidence for the purpose of inspection, audit and copying during
normal business hours. The ENGINEER will provide proper facilities for such access
and inspection.
b. If this is a fixed price contract awarded through sealed bidding or otherwise on the
basis of effective price competition, the ENGINEER agrees to make paragraphs (a)
through (f) of this clause applicable to all negotiated change orders and contract
amendments affecting the contract price. In the case of all other types of prime contracts,
the ENGINEER agrees to make paragraphs (a) through (f) applicable to all contract
awards in excess of $10,000, at any tier, and to make paragraphs (a) through (f) of this
clause applicable to all change orders directly related to project performance.
c. Audits conducted under this provision shall be in accordance with generally accepted
auditing standards and with established procedures and guidelines of the reviewing or
audit agency(ies).
d. The ENGINEER agrees to disclose all information and reports resulting from
access to records under paragraphs (a) and (b) of this clause to any of the agencies
referred to in paragraph (a).
e. Access to records is not limited to the required retention periods. The authorized
representatives designated in paragraph (a) of this clause shall have access to records at
49
any reasonable time for as long as the records are maintained.
f. This right of access clause applies to financial records pertaining to all contracts
(except for fixed price contracts awarded through sealed bidding or otherwise on the basis
of effective price competition) and all contract change orders regardless of the type of
contract, and all contract amendments regardless of the type of contract. In addition, this
right of access applies to all records pertaining to all contracts, contract change orders
and contract amendments:
1. To the extent the records pertain directly to contract performance;
2. If there is any indication that fraud, gross abuse or corrupt practices may be
involved; or
3. If the sub-agreement is terminated for default or for convenience.
6. COVENANT AGAINST CONTINGENT FEES
The ENGINEER assures that no person or selling agency has been employed or retained to
solicit or secure this contract upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the ENGINEER for the purpose of
securing business. For breach or violation of this assurance, the OWNER shall have the right
to annul this agreement without liability or, at its discretion, to deduct from the contract price
or consideration, or otherwise recover the full amount of such commission, percentage,
brokerage or contingent fee.
7. GRATUITIES
a. If the OWNER finds after a notice and hearing that the ENGINEER or any of the
ENGINEER'S agents or representatives offered or gave gratuities (in the form of
entertainment, gifts or otherwise) to any official, employee or agent of the OWNER, the
State or EPA in an attempt to secure a contract or favorable treatment in awarding, amending
or making any determinations related to the performance of this contract, the OWNER may,
by written notice to the ENGINEER, terminate this contract. The OWNER may also pursue
other rights and remedies that the law or this contract provides.
b. In the event this contract is terminated as provided in paragraph (a), the OWNER may pursue
the same remedies against the ENGINEER as it could pursue in the event of a breach of the
contract by the ENGINEER, and as a penalty, in addition to any other damages to which it
may be entitled by law, be entitled to exemplary damages in an amount (as determined by the
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Owner) which shall be not less than three nor more than ten times the costs the ENGINEER
incurs in providing any such gratuities to any such officer or employee.
8. FINAL PAYMENT
Upon satisfactory completion of the work performed under this contract, as a condition before
final payment under this contract or as a termination settlement under this contract the
ENGINEER shall execute and deliver to the OWNER a release of all claims against the
OWNER arising under, or by virtue of, this contract, except claims which are specifically
exempted by the ENGINEER to be set forth therein. Unless otherwise provided in this contract,
by State law or otherwise expressly agreed to by the parties to this contract, final payment under
this contract or settlement upon termination of this contract shall not constitute a waiver of the
OWNER'S claims against the ENGINEER under this contract.
9. 40 CFR Part 33
The contractor shall not discriminate on the basis of race, color, national origin or sex in the
performance of this contract. The contractor shall carry out applicable requirements of 40 CFR
part 33 in the award and administration of contracts awarded under EPA financial assistance
agreements. Failure by the contractor to carry out these requirements is a material breach of this
contract which may result in termination of this contract or other legal available remedies.
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IN WITNESS THEREOF, the parties hereto have executed, or caused to be executed, by their
duly authorized officials, this Agreement on the respective dates indicated below.
The parties further certify by their signatures below that no modifications have been made to
the standard language of this Agreement, other than those detailed in Section C.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the
signature by the required approval authorities below.
SANTA FE COUNTY
By: Date:
OWNER
Type Name: Katherine Miller
Title: Santa Fe County Manager
Approved as to form:
____________________________ ________________
R. Bruce Frederick Date: ______________
Santa Fe County Attorney
Finance Department:
_____________________________ ________________
Stephanie S. Clarke Date: ________________
Santa Fe County Finance Director
By: Date:
ENGINEER
Type Name
Title:
Address: ______________________________
RFP NO. 2019-0086-PW/CW
52
REVIEWED AND APPROVED: FUNDING AGENCY
AGENCY NAME: _
By
Type Name.
Date
RFP NO. 2019-0086-PW/CW
53
ATTACHMENT I - Insurance
The ENGINEER agrees to obtain and maintain, at the ENGINEER's expense, such
insurance as will protect the ENGINEER from claims under the Workman's Compensation
Act and such comprehensive general liability and automobile insurance as will protect the
OWNER and the ENGINEER from all claims for bodily injury, death, or property damage
which may arise from the performance by the ENGINEER, or by the ENGINEER's on
account of any one accident and in the amount of not less than $ for injury
to any one person and $_____ on account of any one accident and in the amount of not
less than $____ for property damage. The ENGINEER further agrees to procure and
maintain professional liability (errors and omissions) insurance in an amount not less than
$ per claim and in the aggregate. Prior to commencement of any work, the
ENGINEER shall furnish to the OWNER a certificate that complies with this paragraph.
The certificate shall provide that the policy shall not be canceled until at least ten (10)
calendar days prior written notice shall have been given to the OWNER. ENGINEER
shall provide annual updates of the certificate to demonstrate the policy remains in effect
for the duration of this Agreement.
RFP NO. 2019-0086-PW/CW
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ATTACHMENT III – Engineering Services during the Design Phase
1. As set forth in the AGREEMENT FOR ENGINEERING SERVICES dated the ___ day of
_________ 2018 (effective date) by and between the County of Santa Fe the OWNER and
______________ the ENGINEER, the OWNER and ENGINEER agree this _____day of
________________ 2018 (authorization to proceed date) that ENGINEER shall furnish
ENGINEERING SERVICES During the Design Phase in accordance with the GENERAL
PROVISIONS of the Agreement and OWNER shall compensate the ENGINEER for
services described as set forth below:
A Perform or provide the following tasks and/or deliverables:
B. Cost Proposal - Include hourly breakdown for each task
C. Reimbursable Expense Schedule
D. Contract Time shall be _____calendar days from the date of the OWNER’S
signature on Attachment Ill. Design phase services shall be completed and accepted by
the OWNER by _____________ {DATE). If design phase services have not been
completed and accepted by____________ the ENGINEER shall pay the OWNER
liquidated damages as outlined in the Agreement.
2. Compensation for ENGINEERING SERVICES During the Design Phase shall be by
the
LUMP SUM method of payment. The total amount of compensation for
ENGINEERING SERVICES During the Design Phase, as described, including
reimbursable expenses shall not exceed $ , excluding gross receipt tax.
STANDARD HOURLY RATE WITH MAXIMUM method of payment. The
total amount of hourly charges, including reimbursables, for ENGINEERING SERVICES
During the Design Phase, as described, shall not exceed $ , excluding gross
receipt tax, without prior written approval of the OWNER, with Funding Agency
concurrence.
RFP NO. 2019-0086-PW/CW
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3. The amount of compensation shall not change unless the scope of services to be
provided by the ENGINEER changes and this Agreement is formally amended according
to Section A-5.
4. Signatures
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the
signature by the required approval authorities below.
By: _______________________________ Date: ______________
OWNER
Type Name
Title
By: _______________________________ Date:_________________
ENGINEER
Type Name:
Title:
REVIEWED AND APPROVED: FUNDING AGENCY
AGENCY NAME: _
B_y: ______________________________________________________
Type Name:
Date: _________________
